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Galbraith v Lenox. [1637] Mor 4387 (28 June 1637)
URL: http://www.bailii.org/scot/cases/ScotCS/1637/Mor1104387-047.html Cite as:
[1637] Mor 4387
Subject_1 FIAR, ABSOLUTE, LIMITED. Subject_2 SECT. VII.
Husband's power of disposal over Tocher provided in a Contract of Marriage.
Galbraith v. Lenox
Date: 28 June 1637 Case No. No 47.
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In a case similar to the above, where the tocher was arrested by the husband's creditors, the Lords decerned in the furthcoming, upon the creditor's finding caution to make the liferent effectual to the wife, and the fee to the children of marriage; but avoided determining if the fee of the subject could be evicted by the husband's creditors, in prejudice of the heirs of the marriage; for the arrester's debt being small, it might possibly be paid by the annualrents of the sum arrested before the husband's decease; in which event there would be no occasion for the question.
